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HomeMy WebLinkAbout2003-11-25 - RESOLUTIONS - MC 03-140 CUP MUP SHOPPING CNT (2)RESOLUTION NO 03-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARTI A, CALIFORNIA, APPROVING MASTER CASE 03-140 WHICH INCLUDES CONDITIONAL USE PERMIT 03-002, MINOR USE PERMIT 03-017, OAK TREE PERMIT 03-013, DEVELOPMENT REVIEW 03-015, INITIAL STUDY 03-002 AND MITIGATED NEGATIVE DECLARATION FOR THE DEVELOPMENT OF A 155, 000 SQUARE FOOT COMMERCIAL SHOPPING CENTER LOCATED ON THE SOUTHWEST CORNER OF NEWHALL RANCH ROAD AND RYE CANYON ROAD SECTION 1. FINDINGS OF FACT. the City Council of the City of Santa Clarita (hereafter "City") hereby makes the following findings of fact: a. An application for Master Case 03-140 (Conditional Use Permit 03-002, Minor Use Permit 03-17, Oak Tree Permit 03-013 and Development Review 03-015) was filed by RKR Incorporated (the "applicant") with the City of Santa Clarita on April 3, 2003. The project was deemed complete on August 22, 2003. The property is located at the southwest comer of Newhall Ranch Road and Rye Canyon Road (APN: 2866-006-014, 2866-006-031). The zoning and General Plan designations for the properties are SP (Specific Plan); and b. This project site is 13.79 acres and the applicant proposes to construct a 155,000 square foot commercial center consisting of 45,000 square feet of gym use, 80,043 square feet of retail uses, 7,500 square feet of medical office uses and a 22,000 square foot restaurant; and C. The surrounding land uses include a proposed business park to the north, commercial uses to the east and an industrial park to the south and west; and d. Public services and utilities will be available for the commercial development; and e. With the conditions of approval, the commercial center complies with the requirements set forth in the North Valencia H Specific Plan, the City's Unified Development Code (UDC) and is supported by the City's General Plan; and f. A public hearing was duly noticed for the Planning Commission meeting of September 16, 2003, at the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, at 7:00 p.m. During this meeting, the Planning Commission received the staff report, applicant's presentation, public testimony and approved the project. g. On October 1, 2003, Santa Clarita Organization for Planning the Environment submitted an appeal of the Planning Commission's decision to the City Clerk. Resolution No. 03-152 Page 2 h. A public hearing was duly noticed for the City Council meeting of November 25, 2003, which was held at 6:00 p.m. in the City Hall Council Chambers, 23920 Valencia Boulevard, Santa Clarita, CA. During this meeting, the City Council received the staff report and public testimony on the project. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. The City Council, based upon the findings set forth below, hereby finds that the initial study for this project has been prepared in compliance with CEQA and reflects the independent judgement of the City of Santa Clarita: a. An Initial Study was prepared for this project in compliance with the California Environmental Quality Act (CEQA); and b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public, and all comments received, if any, have been considered. The document was posted and advertised on November 4, 2003, in accordance with CEQA. The public review period was open from November 4, 2003, through November 25, 2003; and C. There is no substantial evidence that the project will have a significant effect on the environment. The Mitigated Negative Declaration prepared for this project reflects the independent judgment of the City of Santa Clarita; and d. The location of the documents and other material which constitute the record of proceedings upon which the decision of the City Council is the Master Case 03-140 project file within the Planning and Building Services Department and is in the custody of the Director of Planning and Building Services; and e. The City Council, based upon the findings set forth above, hereby finds that the project will not have significant impacts to the surrounding area with the incorporation of mitigation measures. SECTION 3. CONDITIOANAL USE PERMIT FINDINGS. In making its determination regarding conditional use permit application 03-002 for inclusion of a gym, the City Council has considered certain principles and standards, and finds and determines as follows: a. That the proposed location, size, design, and characteristics of the proposed uses are developed in accordance with the purpose of the Unified Development Code (UDC) and the Santa Clarita General Plan. The North Valencia II Specific Plan and the UDC allows for the development of a gym use within the Business Park sub -zone with the approval of a conditional use permit. The project consists of a 45,000 square foot gym facility with a pool, spa, basketball, racquetball, aerobics and juice bar. The project is consistent with the requirements of the UDC and North Valencia II Specific Plan and will be developed and operated in accordance with the conditions of approval and all code requirements; and Resolution No. 03-152 Page 3 b. That the location, size, design, and characteristics of the proposed gym, as conditioned, comply with the performance standards of the Specific Plan zoning designation. In addition, the gym will be compatible with and will not adversely affect or be materially detrimental to adjacent uses or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density because the proposed gym will consist of 45,000 square feet within a 155,000 square foot shopping center. The project complies with the development standards including floor area ratio, parking and setback requirements and therefore, will not result in a negative land use or impact the surrounding area; and 2. The availability of public facilities, services, and utilities will be installed on site. The project site is designated for and anticipated to have commercial type uses and all necessary services and facilities will be improved and provided as necessary; and 3. The proposed gym will not have harmful effects on desirable neighborhood character because the commercial uses are compatible with existing commercial land uses in close proximity; and 4. The proposed gym will not have a substantial impact regarding the generation of traffic and the capacity and physical character of surrounding streets because the site is served by two major arterials that can accommodate the proposed increase in traffic generation. In addition, the applicant will be required as part of this proposal to construct street improvements, including paving, curb, gutter, sidewalk, street lights and landscaped medians, and these improvements will be consistent with the City's standards; and 5. The suitability of the site for the type and intensity of use or development which is proposed because the proposal is a gym that will provide 45,000 square feet of exercise uses that will benefit the neighboring community and provide private recreational opportunities; and 6. The harmful effect, if any, upon environmental quality and natural resources because no resources will be impacted by the use. C. That the proposed location and general operating characteristics of the gym will not conflict with the neighboring uses and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity because the gym will be designed and constructed in a manner consistent with the requirements in the Unified Development Code; and d. That the project consisting of a commercial center with associated gym use will comply with any applicable provisions of the Unified Development Code, as conditioned. Resolution No. 03-152 Page 4 SECTION 4. CONDITIOANAL USE PERMIT FINDINGS. In making its determination regarding conditional use permit application 03-002 for building height exceeding 35', the City Council has considered certain principles and standards, and finds and determines as follows: a. That the proposed location, size, design, and characteristics of the proposed uses are developed in accordance with the purpose of the Unified Development Code (UDC) and the Santa Clarita General Plan. The North Valencia 11 Specific Plan and the UDC allows for the development of structures that exceed 35 feet in height within the Business Park sub -zone with the approval of a conditional use permit. The project consists of a series of connected and separated buildings with a maximum height of 50 feet. The enhanced height will be used for architectural features and will assist in hiding roof top equipment. The project is consistent with the requirements of the UDC and North Valencia II Specific Plan and will be developed and operated in accordance with the conditions of approval and all code requirements; and b. That the location, size, design, and characteristics of the proposed structures, as conditioned, comply with the performance standards of the Specific Plan zoning designation. In addition, the structures will be compatible with and will not adversely affect or be materially detrimental to adjacent uses or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density because the proposed buildings will extend up to a maximum of 50 feet in height for architectural treatments that will be similar in scale, bulk, coverage and density as it surrounding uses. The project site is located below the grade of Rye Canyon Road, Newhall Ranch Road and the uses to the north and east. The enhanced height will make the project similar in size and scale based on the topography of the area. The project complies with the development standards including floor area ratio, parking and setback requirements and therefore, will not result in a negative impact to the harmony of the surrounding area; and 2. The availability of public facilities, services, and utilities will be installed on site. The project site is designated for and anticipated to have commercial type uses and all necessary services and facilities will be improved and provided as necessary; and 3. The proposed buildings with a height up to a maximum of 50 feet will not have harmful effects on desirable neighborhood character because the commercial uses are compatible with existing land uses and structures in close proximity; and 4. The proposed project will not have a substantial impact regarding the generation of traffic and the capacity and physical character of surrounding streets because the site is served by two major arterials that can accommodate the proposed increase in traffic generation. In addition, the applicant will be required as part of this proposal to construct street improvements, including paving, curb, gutter, sidewalk, street lights and landscaped medians, and these improvements will be consistent with the City's standards; and Resolution No. 03-152 Page 5 5. The suitability of the site for the type and intensity of use or development which is proposed because the proposal is for buildings up to a maximum of 50 feet in height for architectural features and treatments that will benefit the neighboring community. The enhances height will allow the buildings to have similar scale and design as the surrounding uses; and 6. The harmful effect, if any, upon environmental quality and natural resources because no resources will be impacted by the use. C. That the proposed location and general operating characteristics of the structures up to 50 feet in height will not conflict with the neighboring uses and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity because the buildings up to 50 feet in height will be designed and constructed in a manner consistent with the requirements in the Unified Development Code; and d. That the project consisting of a commercial center with associated buildings up to 50 feet in height will comply with any applicable provisions of the Unified Development Code, as conditioned. SECTION 5. MINOR USE PERMIT FINDINGS. In making its determination regarding minor use permit application 03-017 for alcohol sales, the City Council has considered certain principles and standards, and finds and determines as follows: a. That the proposed location, size, design, and characteristics of the proposed uses are developed in accordance with the purpose of the Unified Development Code (UDC) and the Santa Clarita General Plan. The UDC permits alcohol service within uses that provide a food service with the approval of a minor use permit. The project consists of a commercial development that includes an approximately 20,000 square foot grocery retail unit in Building One, which will have alcohol sale for off-site consumption. The project is consistent with the requirements of the UDC and will be developed and operated in accordance with the conditions of approval and all code requirements; and b. That the location, size, design, and characteristics of the proposed commercial development to include alcohol sale in Building One as part of a grocery store, as conditioned, comply with the performance standards of the Specific Plan zoning designation. In addition, the commercial center will be compatible with and will not adversely affect or be materially detrimental to adjacent uses or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density because the proposed commercial center will consist of a maximum of one grocery store with alcohol for off-site consumption. The project complies with the requirements within the UDC and will Resolution No. 03-152 Page 6 have limited hours of operation to ensure that the uses will not be operated in a manner that will result in a negative impact to the harmony of the surrounding area; and 2. The availability of public facilities, services, and utilities because the project site was anticipated to have commercial uses and all necessary services and facilities will be improved and provided as necessary for the development of the shopping center; and 3. The proposed commercial uses will not have harmful effects on desirable neighborhood character because the retail facility with alcohol sales will be conducted entirely within the building and will be compatible with the surrounding uses; and 4. The proposed commercial uses will not have a substantial impact regarding the generation of traffic and the capacity and physical character of surrounding streets because the site is served by two major arterials that can accommodate the proposed increase in traffic generation; and 5. The suitability of the site for the type and intensity of use or development which is proposed because the proposal is a commercial center that will provide neighborhood commercial uses including a grocery store that will benefit the community; and 6. The harmful effect, if any, upon environmental quality and natural resources because the use will be conducted entirely within the building and no resources will be impacted and the common area to the north and east will be preserved. C. That the proposed location and general operating characteristics of the commercial center to include alcohol sale at a grocery store will not conflict with neighboring uses and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity because the commercial center will be designed and constructed in a manner consistent with the requirements in the Unified Development Code and the 20,000 square foot unit with alcohol sales will be operated in compliance with the UDC and the conditions of the permit; and d. That the project consisting of a commercial center with associated retail, office, food and alcohol sale uses will comply with any applicable provisions of the Unified Development Code, as conditioned. SECTION 6. OAK TREE PERMIT FINDINGS. In making its determination regarding oak tree permit application 03-013 for removal of one oak tree and relocation of three oak trees, the City Council has considered certain principles and standards, and finds and determines as follows: a. The project site contains 4 on-site oak trees. The applicant is requesting to relocate 3 oak trees on-site. The remaining oak tree will be removed. The 3 relocated oak trees will be Resolution No. 03-152 Page 7 incorporated into the landscape plans for the project. Two of the relocated oaks will be placed at the project's entrance. b. The applicant has provided an oak tree report for the project. The general purpose and intent of the City's Oak Tree Preservation Ordinance is to preserve oak trees, yet allow for their removal in certain instances where it is necessary to enable reasonable use of the subject property which would otherwise be prevented by the presence of the trees and no reasonable alternative can be accommodated due to the unique physical development constraints on the property. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance. The proposed mitigation and conditions of approval for oak tree impacts are consistent with the provisions of the City's Oak Tree Preservation Ordinance. C. Itis necessary to remove one heritage oak tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property. The removal of this heritage oak tree will not be unreasonably detrimental to the community or the surrounding area. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Clarita, California, as follows: a. Adopts the Mitigated Negative Declaration prepared for the project in conformance with the California Environmental Quality Act (CEQA), as referenced herein; and b. Approves Conditional Use Permit 03-002 for enhanced height up to 50 feet and a 45,000 square foot gym use, Minor Use Permit 03-017 to allow alcohol service in the 20,000 square feet unit of building one, Oak Tree Permit 03-013 for the relocation of three oak trees and the removal of one, and a development review a 155,000 square foot commercial development, subject to the attached conditions of approval (Exhibit A). PASSED, APPROVED AND ADOPTED this 25"' day of November, 2003. � MAYOR 114-1 ATTEST: CITY CLERK Resolution No. 03-152 Page 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARTTA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 25` day of November, 2003, by the following vote: AYES: COUNCILMEMBERS: Weste, Ferry, McLean, Kellar, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK s:\pbs\current\!2003\03-254\03-254 council resp EXHIBIT A Resolution P03-35 Master Case 03-140 FINAL CONDITIONS OF APPROVAL/MITIGATION MEASURES General Conditions GI. The project shall be developed in substantial conformance with the approved site plan, materials board, and elevations. Any changes shall be subject to the review and approval of the Director of Planning & Building Services. G2. The applicant shall comply with the following numbered conditions on the attached Exhibit "A" titled "Conditions of Approval Matrix": 1-25, 27-31, 41-47, 72-80, 82, 87 -89,103,106- 107,113,123-126,140,151, 06- 107,113,123-126,140,151, 165,169-179,181, 187 -188,193 -234,236 -249,251-256,258- 259, 87-188,193-234,236-249,251-256,258- 259, 261-271, 276-279, 282-286, 288-291, 295-320. G3. The proposed project is subject to the North Valencia 2 Development Agreement, Specific Plan, and Conditions of Approval. G4. The approval of this Entitlement shall expire two years from the date of conditional approval. —' G5. The applicant may file for an extension of the entitlement prior to the date of expiration for a period of time not to exceed one year. If such an extension is requested, it must be filed no later than 60 days prior to expiration. G6. The applicant shall be responsible for notifying the Department of Planning & Building Services in writing of any change in ownership, designation of a new engineer, or change in the status of the developer, within 30 days of said change. G7. This approval shall not supersede any other affected agency's requirements. G8. Unless otherwise apparent from the context, the term "applicant" shall include the applicant and any other persons, corporation, or other entity making use of this grant. The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul the approval of this Subdivision by the City, which action is provided for in Government Code Section 66499.37. In the event the City becomes aware of any such claim, action, or proceeding, the City shall promptly notify the applicant, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing contained in this Condition prohibits the City from participating in the defense of any claim, action, or proceeding, if both the following occur: 1) The City bears its own attorney's fees and costs; and, 2) the City defends the action in good faith. The applicant shall not be required to pay or perform any settlement unless the entitlement is approved by the applicant. Conditions P03-35, Exhibit A Master Case 03-140 Page 2 of 17 G9. The applicant, at the time of permit issuance or other grants of approval shall agree to develop the property in accordance with all applicable City codes and other appropriate ordinances such as the Building Code, Plumbing Code, Electrical Code, Fire Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Sanitary Sewer Ordinance and Industrial Waste Ordinance. G10. It is hereby declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of 30 days. Gl 1. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed, with the Director of Planning & Building Services, their affidavit (Acceptance Form) stating that they are aware of, and agree to accept, all of the conditions of this grant. Transit T1. Currently there is no fixed route bus service on Copperhill Dr. and Newhall Ranch Road. In the future there will be. T2. Applicant shall build a pedestrian path from the bus stop to the development. T3. Applicant shall provide a bus stop at the location of: Southbound Rye Canyon NS Aurora at the beginning of the turn pocket. T4. At the location of the bus stop, the applicant shall provide a permanent stylized structure (no pre -fabricated) consisting of a 10'x20' concrete pad placed behind the sidewalk. The shelter shall consist of a bench, trash receptacle, lighting and compliment the architecture of the adjacent development. All mechanical devices (including electric meter) or vault boxes shall be screened with mature landscape, vines, etc. All electrical conduits shall be located within the shelter structure. Bench and trash can shall be affixed to the ground. Shelter design and structure shall be approved by city staff. T5. Bus stop shall be shown on the site plan. T6. Prior to occupancy of the first building, the bus stop shall be installed to the satisfaction of city staff. T7. The bus stop location shall be a minimum of 100' from the curb return or as specified by city staff. Conditions P03-35, Exhibit A Master Case 03-140 Page 3 of 17 T8. At the location of the bus stop, the sidewalk shall meet the street for no less than 20'. T9. Applicant shall construct an in -street concrete pad pursuant to the current city standard and APWA 131-1. T10. At all intersections where they are bus stops, there must be a safe, traffic controlled way to cross the street. Landscape Maintenance District LD 1. Prior to the issuance of permits or recordation of a tract/parcel map, the property must be annexed into the City's Valencia Industrial Center Landscape Maintenance District (LMD) for the maintenance of medians and streetscapes along Newhall Ranch Road, Rye Canyon and within the Areawide district. The property shall annex at the standard rate based on the zoning/usage of the property. LD 2. Any existing medians or required medians to be constructed along Rye Canyon Road or Newhall Ranch Road must be landscaped per the City design standards. LD 3. The applicant shall provide landscape and irrigation plans for all LMD median areas for review and approval by the Administrative Services Department. LD 4. Prior to the issuance of a Certificate of Occupancy, all LMD median landscape improvements to the medians adjacent to the tract frontage and any additional median island improvements required by the City Traffic Engineer along the major roadways shall be made to the satisfaction of the Director of Administrative Services. Parks and Recreation PRI. Street trees shall be provided to the satisfaction of the Director of Parks, Recreation and Community Services and the Urban Forestry Division (Contact Urban Forestry for variety, Robert Sartain 294-2518). PR2. Trees planted within fourteen (14) feet of the paved road section in commercial developments on major arterials will be subject to the Parkway Influence Area as identified in City Ordinance 91-45 and 92-38. The property owner will maintain trees planted within this area to City standards. PR3. Trees planted within the City Right Of Way will be subject to City Ordinance 90-15. Conditions P03-35, Exhibit A Master Case 03-140 Page 4 of 17 PR4. The applicant shall provide shaded employee break areas that may include tables, benches, trash containers, walking paths, and bike racks. PR5. All graded slopes 5' and greater are to be jute netted and landscaped per the City's UDC (1 tree per 150 sq.ft. and 1 shrub per 100 sq.ft.). Urban Forestry Oak Tree No. 1 UFl. The applicant is given permission to remove one small Valley Oak tree (Quercus lobata) identified as oak tree number 1 in the submitted Oak Tree Report by Richard Johnson and Associates. Mitigation for this tree shall be at the current dollar value as determined by the ISA Guide for Plant Appraisal. The current mitigation for the said tree is determined to be at $1,850 per the Oak Tree report submitted by Richard Johnson and Associates. A replacement/mitigation tree shall be planted on site and indicated on the site plan. Oak Tree No. 3 and 4 UF2. Oak trees number 3 and 4 are beyond the normally accepted transplant size of 12 inches in diameter according to the City of Santa Clarita Protection and Preservation Guidelines. However, current and recent transplanting of oaks in the 12-24 inch category has proven to be successful. UF3. The removal/relocation of oak tree number 3 and 4 shall be performed by a qualified tree relocating company. The proposed company shall be approved by the Oak Tree Specialist and the Director of Planning and Building Services. UF4. Oak trees number 3 and 4 shall be boxed and temporarily stored in the designated area as proposed in the submitted Oak Tree Report prepared by Richard Johnson and Associates (RJ&A), and site plans prepared by RKR Incorporated. UF5. The temporary storage area designated on the site plans shall have protective fencing consisting of chain link material and steel poles five feet in height installed around the perimeter of the trees drip line. A 3-4 foot pedestrian access will be allowed for maintenance. U176. Applicant shall install temporary irrigation in the designated storage area specifically for oak tree numbers 3 and 4 while in the holding area throughout the construction process, and provide a maintenance program for the trees. All maintenance shall be performed by the tree relocating contractor as recommended by the project arborist Richard Johnson and Associates. UF7. The applicant and their contractors shall comply and respond to all recommendations by Richard Johnson and Associates within seven days. Conditions P03-35, Exhibit A Master Case 03-140 Page 5 of 17 UF8. The applicant shall bond for a combined dollar amount of the ISA (International Society of Arboriculture) value of oak trees number 3 and 4 for the complete mitigation period. Current combined ISA value is placed at $313,571 per Oak Tree Report prepared by Richard Johnson and Associates. U179. The applicant shall submit a formal mitigation plan including all recommendations by the project arborist Richard Johnson. Mitigation for oak trees number 3 and 4 shall be for a period of five years beginning at the completion of the said project. Monthly reports and updates, including photographs, shall be submitted to the Oak tree Specialist and the Department of Planning and Building Services for the first two years, and once every six months for the remaining three years of mitigation. UF10. The applicant shall be advised that all mitigation, monitoring, and maintenance shall remain in effect regardless of change in ownership of the said property. UFl 1. The applicant shall comply with the City of Santa Clarita Oak Tree Ordinance and Oak Tree Protection and Preservations Guidelines at all times throughout the said project. UF12. At no time shall any changes be made in the location of the trees, or to the submitted site plans, without the written permission of the City Department of Planning and Building Services, and the Oak Tree Specialist. Oak Tree No. 2 U1713. The removal/relocation of Oak Tree number 2 shall be performed by a qualified tree relocating company. The proposed company shall be approved by the Department of Planning and Building Services and the Oak Tree Specialist. U1714. Upon approval, Oak tree number 2 shall be boxed according to the recommendations submitted in the Oak Tree Report prepared by project arborist Richard Johnson of Richard Johnson and Associates. UF15. Upon approval, oak tree number 2 shall be side -boxed and kept in its original native location until the final site has been graded and prepared. Once the final location is completed, oak tree number 2 shall be undercut and relocated to its new permanent location per recommendations by project arborist. There shall be no storage of oak tree number 2 at any given time. _ U1716. The applicant shall be required to install a separate irrigation system to all relocated oak trees onsite. Each oak tree shall have its own separate station within the system. This irrigation system shall have a separate time clock and not be a part of the regular landscape. Valley Conditions P03-35, Exhibit A Master Case 03-140 Page 6 of 17 Crest Tree Company shall be solely responsible for the maintenance of all relocated oak trees and the irrigation system for the relocated oak trees throughout the entire mitigation process. U1717. The applicant and their contractors shall comply with all recommendations given by the project arborist, Richard Johnson, of Richard Johnson and Associates throughout the entire mitigation period. All recommendations shall be completed within seven days of the time of the recommendation unless otherwise approved by the City of Santa Clarita Department of Planning and Building Services and the Oak Tree Specialist. U1718. The applicant shall bond for the entire ISA dollar amount for oak tree number 2 throughout the entire mitigation period. Current ISA value of oak tree number 2 is $247,621, as stated in the Oak Tree Report prepared by Richard Johnson, dated August 26, 2003. UF 19. The applicant shall submit a formal mitigation plan designed specifically for heritage oak tree number 2 for a period of 10 years. All mitigation shall be in accordance with the recommendations and mitigation proposals submitted by prof ect arborist, Richard Johnson, of Richard Johnson and Associates as stated in the oak tree report dated August 26, 2003. Mitigation shall include monthly updates with photos for the first two years, quarterly updates including photos for the following five years, and once every six months for the remaining three years. UF20. The applicant shall be advised that all mitigation, maintenance, and monitoring of all oak trees shall remain in effect throughout the entire 10 year mitigation plan, regardless of change in ownership of the said property. If oak No. 2 (Heritage Oak Tree) is not in a healthy or self sustaining condition after the first ten years of mitigation maintenance as determined by the City Arborist, an additional 5 years of mitigation maintenance shall be performed. U1721. At no time shall any changes be made in the location of oak tree number 2, or to the submitted site plans, without written permission from the City of Santa Clarita Department of Planning and Building Services and the Oak Tree Specialist. U1722. The applicant shall comply with the City of Santa Clarita Oak Tree Ordinance and Oak Tree protection and Preservation Guidelines at all times throughout the said project. GENERAL CONDITIONS UF23. The applicant shall install protective fencing around the entire protected zone of each relocated oak tree on site once the tree has been planted in its final location. The protective fencing shall be in compliance with the City Oak Tree Ordinance, and Protection and Preservation Guidelines. There may be a 3-4 foot pedestrian opening within the fencing to allow for the needed maintenance. Protective fencing shall consist of chain link material and steel poles spaced at a minimum of 8 feet on center, and a minimum height of 5 feet from grade. Conditions P03.35, Exhibit A Master Case 03-140 Page 7 of 17 U1724. No construction debris, building materials, equipment, or vehicles shall be placed or stored within the protected zone of any oak tree at any time. At no time shall the cleaning of tools, rinsing of concrete, or any other contaminates be permitted to enter the soil within the oak trees protected zone. U1725. All recommended pruning by the project arborist shall be performed by an approved qualified arborist, and shall be monitored by the project arborist or an approved certified arborist. At no time shall more than 20 percent of the trees' living tissue be removed unless otherwise permitted by the City of Santa Clarita Oak Tree Specialist, or the project arborist Richard Johnson. UF26. The planting of any vegetation under the protected zone of any relocated oak tree is forbidden. This includes native and non native material alike. U1727. The applicant shall install a mixture of natural woodchips under the protected zone of each relocated oak tree, as recommended by the project arborist. UF28. The applicant and their contractor shall comply to the recommendations in the Oak Tree Report prepared by Richard Johnson, dated August 26, 2003, as described under "Description of Work for Oak Tree Maintenance" UF29. The applicant shall comply with the City Oak Tree Ordinance and Oak Tree Protection and Preservation Guidelines at all times throughout the said project. Engineering GENERAL EN1. The applicant at the time of issuance of permits or other grants of approval agrees to develop the property in accordance with City codes and other appropriate ordinances such as the Building Code, Plumbing Code, Grading Code, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. EN2. The applicant shall be subject to all applicable North Valencia 11 Conditions of Approval/Mitigation Measures, Specific Plan and Development Agreement. Conditions P03-35, Exhibit A Master Case 03-140 Page 8 of 17 ROAD IMPROVEMENTS All roadways shall be designed in accordance with the City's roadway design criteria, and constructed prior to building occupancy. If the City Engineer determines that it is more beneficial for the City to construct the required improvement at a later time, the applicant shall pay a cash in -lieu fee that is equivalent to the cost of improvement. EN3. Prior to occupancy, the applicant shall construct all driveway approaches using a modified commercial driveway design that will provide a street/drive approach transition with a maximum algebraic grade difference of 7%. Construction details shall be shown on the street plan that will provide a transition no greater than this maximum along with an appropriate standard pedestrian pathway across the driveway. EN4. Prior to building occupancy, the applicant shall repair any broken or damaged curb, gutter, and sidewalk, and refurbish the half section of pavement on streets abutting the project site. ENS. Prior to building occupancy, the applicant shall construct full -width sidewalk at all walk returns. EN6. Prior to building occupancy, the applicant shall construct a wheelchair ramp at intersections to the satisfaction of the City Engineer. ENT Adequate sight visibility is required at all driveways and shall follow the latest Caltrans manual for applicable requirements. This shall be shown on all applicable plans prior to issuance of first building permit. EN8. Each driveway shall intersect with the adjacent roadway at 90 degrees or as close to 90 degrees as topography permits (no less than 80 degrees). This shall be shown on all applicable plans prior to issuance of first building permit. EN9. Minimum width of all interior drive aisles shall be 26 feet and shall be shown on all applicable plans prior to issuance of first building permit. EN10. No access will be permitted within curb return. This shall be included as a note on all applicable plans. ENI1. The site shall be designed to adequately accommodate all vehicles (e.g. automobiles, vans, trucks) that can be expected to access the site. This includes, but is not limited to, adequate maneuvering areas around loading zones and parking spaces, and appropriate turning radii. EN12. All driveways shall have a minimum stacking distance (from face of curb) of 100 feet. This shall be shown on all applicable plans prior to issuance of first building permit. Conditions P03-35, Exhibit A Master Case 03-140 Page 9 of 17 EN13. Access at the Rye Canyon Road driveway shall be limited to right-in/right-out/left-in only. This shall be shown on all applicable plans prior to issuance of first building permit. EN14. Additional right-of-way maybe necessary for the construction of Newhall Ranch Road. The applicant shall not object to this additional right-of-way dedication that is necessary to construct Newhall Ranch Road, based on the road improvement plans to be prepared by Tetra Tech, Inc. EN15. Prior to issuance of the first building permit, the applicant shall dedicate additional right-of- way along Rye Canyon Road, along the frontage of the project site, to provide 58 feet from the centerline of Rye Canyon Road. EN16. Prior to issuance of the first building occupancy permit, the applicant shall provide a bus turnout on southbound Rye Canyon Road, south of Newhall Ranch Road. The bus turnout shall be extended to provide a right -tum lane into the project driveway. The combined bus tumout/right-turn lane shall have 350 feet of storage and 120 feet of taper. The applicant shall dedicate 12 feet additional right-of-way, along the length of the combined bus turnout/right-tum lane, to provide 70 feet from the centerline of Rye Canyon Road. EN17. Prior to the issuance of the first building occupancy permit, the applicant shalt pay an in -lieu fee of $2,000 per intersection ($4,000 total) for the future update of the traffic -signal timing at the intersections of Newhall Ranch Road/Rye Canyon Road and Newhall Ranch Road/project driveway. SEWER REQUIRMENTS EN18. Prior to sewer plan approval, the applicant shall dedicate sewer easements for the proposed mainline sewer within the project site to the satisfaction of the City Engineer. EN19. Prior to building occupancy, the applicant shall install mainline sewers with a separate house lateral to serve each building. EN20. Prior to sewer plan approval, if applicable, the applicant shall send a print of the land division map to the County Sanitation District with the request for annexation in writing. EN21. Prior to sewer plan approval, the applicant shall provide a sewer area study for approval by the City Engineer. The area study must analyze the proposed site, contributory area, and all existing development contributing to the City sewer from the proposed site to the Sanitation trunk line connection. Conditions P03-35, Exhibit A Master Case 03.140 Page 10 of 17 GRADING. DRAINAGE & GEOLOGY EN22. Prior to grading plan approval, the applicant shall submit a grading plan consistent with the approval for the entire site, which must be approved by the City. EN23. The applicant's grading plan shall be based on a detailed engineering geotechnical report, which must be specifically approved by the geologist and/or soils engineer and show all recommendations submitted by them. It must also agree with the site plan and conditions as approved by the Advisory Agency. EN24. The project applicant and the subsequent property owner shall be responsible for providing all required materials and documentation to satisfactorily complete the storm drain transfer process recognized by the City of Santa Clarita. Complete acceptance of the storm drain for ongoing maintenance by the County of Los Angeles is required before the City of Santa Clarita will release any bond monies posted for the construction of said storm drain infrastructure. EN25. The applicant shall obtain a written approval of Los Angeles County right-of-way clearance for all easements needed for future LACFCD storm drain maintenance prior to storm drain plan approval. EN26. Prior to grading plan approval, the applicant shall submit drainage plans and necessary support documents to comply with Engineering requirements to the satisfaction of the City Engineer. FEES AND MISCELLANEOUS EN27. Prior to issuance of building permit, the applicant shall pay the applicable Bridge and Thoroughfare Benefit District Fee to implement the highway element of the General Plan as a means of mitigating the traffic impact of this subdivision. The applicant may construct off-site District improvements of equivalent value in lieu of paying fees established for the District subject to approval of the City Engineer. The B&T fee shall be paid at the time stated above and may be reimbursed upon completion and acceptance of such off-site improvements, subject to District guidelines. Factors for development units are as follows: Development Units Factors Commercial Per Gross 5.0 Acreage Conditions P03-35, Exhibit A Master Case 03-140 Page 11 of 17 The project is in the: [X] Valencia Bridge and Thoroughfare District The current District rate is $10,720.00. Commercial developments will be based on gross acreage with a factor of five (5). The applicant shall pay the fee that is in effect at the time the payment is due. EN28. Prior to issuance of building permit, the area included within the project shall be annexed to an existing streetlight maintenance district, or form a new district to finance the cost of annual maintenance of the streetlights. EN29. Prior to issuance of grading permit, the applicant shall obtain the necessary NPDES permit from the State Water Quality Control Board. EN30. All construction plans and activities must be in compliance with the provisions of the stormwater permit and associated SUSMP, including all applicable BMP's, both permanent and construction -related. The permanent BMP's shall be in place prior to acceptance of the associated improvements. Construction -related BMP's shall be on the SUSMP plan and shall be in place during all phases of the construction. Standard Roadway Design Criteria • All intersections shall be designed with a tangent section from "beginning of curb return" (BCR) to BCR. • All aboveground utilities shall be placed outside sidewalks, or provide a minimum of 5 feet clear path of travel along sidewalks. Dedication and/or grading may be required. • The standard property line return radii at all General Plan highways intersection shall be 25 feet. Fire Department FD 1. Provide a minimum access width of 26 feet to within 150 feet of all portions of each building. FD2. Indicate all existing public fire hydrants on Newhall Ranch Road & Rye Canyon Road. Additional hydrants may be required. FD3. Public fire flow shall be 2,500 G.P.M. Conditions P03-35, Exhibit A Master Case 03-140 Page 12 of 17 FD4. All proposed buildings shall be fire sprinklered. FD5. Speed bumps/humps in drive aisles shall be reviewed by the Los Angeles County Fire Department Land Development Unit (323) 890-4243. FD6. The project is located in a high hazard fire zone and shall receive a fuel modification plan. Contact (626) 969-5205. FD7. These conditions are preliminary and are subject to change. Architectural plans shall be submitted for a complete review. Building and Safety BS 1. All structures shall comply with the detailed requirements of the following: a. 2001 California Building, Mechanical, Electrical and Plumbing Codes, b. 2001 California energy code with AB970 Amendments to Title 24, and C. 2002 City of Santa Clarita amendments to the California codes. A copy of the City amendments is available at the Building and Safety public counter and on our website at www.santa-clarita.com. BS2. A complete soils and geology report will be required for the project. Three sets of the report shall be formally submitted to the Engineering Division for review and approval. One copy of the report shall be submitted to Building and Safety for review at the time of plan submittal for building permits. BS3. Prior to issuance of building permits: a. Rough grading and/or recompaction (if proposed) must be completed b. A final compaction report and Rough Grading Certification shall be submitted to and approved by the Engineering Division c. A copy of the final compaction report shall be reviewed by Building and Safety. BS4. The project shall fully comply with the disabled access requirements as specified in Chapter 11B of the California Building Code. Provide HC access from the main entrances and required side/rear exits of each building to the public sidewalk. BS5. The property is located within 1000 feet of a natural hillside brush area and shall comply with the City's Fire Hazard Zone Ordinance. Conditions P03-35, Exhibit A Master Case 03-140 Page 13 of 17 BS6. Prior to issuance of building permits, additional clearances from agencies not present at this DRC will be required from: a. William S. Hart School District and appropriate elementary school district, b. Castaic Lake Water Agency, C. L. A. County Sanitation District, An agency referral list is available at the Building and Safety public counter. BST At the time of application for a building permit, please submit two complete sets of the following construction documents for plan review: architectural, structural, mechanical, electrical and plumbing plans, structural and energy calculations, soil report, truss drawings and calcs, etc., and a single copy of the current tax assessor's map. BS8. Specific comments regarding the plans submitted: a. Show all lot lines, (existing and proposed), easements, (ingress/egress, utility and etc), required sideyards for area justification, restricted use areas, flood hazard areas and etc on the site plan. b. Provide a Building Code Analysis containing: the Type of Construction, the height of the buildings, the number of stories, the proposed occupancy groups and occupant loads, the basic allowable area per the building code, the actual area of the buildings with area justification calculations and other related data. c. Show all retaining walls on the site plan. Label the heights. d. All on-site private sewer lines and laterals shall have a minimum 2% slope per CPC Chapter 7. e. Sewer laterals are not permitted to cross lot lines. f The City of Santa Clarita has adopted the CA plumbing code for the determination of plumbing fixtures. BS9. Plan Requirements are as follows: a. Located in the lower right hand comer of each sheet of the drawing shall be the Permit Number, Sheet Title, and the Sheet Number as follows: (The sheet number total is the total in the appropriate trades.) PERMIT t 200301459 SHEET TITLE. 2ntlFLOOR PLAN SHEET* A-1.3 OF 27 SHEETS Conditions P03-35, Exhibit A Master Case 03.140 Page 14 of 17 b. A copy of the Planning Condition shall be incorporated into the plans as a full size sheet. c. The Truss drawings shall be incorporated into the plans as a full size sheet for approval. 8-1/2" by 11' will no longer be accepted for a permit. d. ICBO and other outside agency reports shall also be incorporated into the plans as a full size sheet for approval. 8-1/2" by 11' stapled to the plans will no longer be accepted for a permit. e. Soils Report recommendations shall also be copied as full size sheets. BS 10. These comments are based on a review of conceptual plans submitted by the applicant. A thorough review will be performed and specific comments will be generated when the final plans are submitted to Building and Safety with a completed application and plan check fees. Planning Division PLI. This approval allows for the construction of a commercial -retail center that consists of 155,000 square feet. The commercial center is approved to contain a gym facility, structures up to a maximum of 50 feet in height, one off-site consumption of alcohol permit in building one, the removal of one oak tree and the relocation of 3 oak trees. PL2. All requirements of the Unified Development Code, the City's Municipal Code, and the specific zoning of the subject property must be complied with unless set forth in the permit and/or shown and approved on the submitted site plan. PL3. Prior to the issuance of building permits, the applicant shall pay the appropriate Impact Fees (B & T, Parks, Transit, Fire, Library, etc.) to the satisfaction of the Building Official. PL4. The property shall be developed and maintained in substantial conformance with the approved plans. PLS. A Planning Division Final Inspection is required prior to the issuance of a Certificate of Occupancy. The applicant is required to pay appropriate fees and schedule the Final Inspection to ensure compliance with all conditions of approval PL6. Utilize a landscaping "headlight -hedge" between 36 to 42 inches high to screen any parking at the street periphery. A combination of walls and landscape material is highly recommended. Where practical, lowering the grade of the parking lot from existing street elevation may aid in obscuring views of automobiles while promoting views of architectural Conditions P03-35, Exhibit A Master Case 03-140 Page 15 of 17 elements of structures beyond. PL7. All light sources shall be directed downward and shielded from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. PL8. Above ground utility boxes, telephone boxes, water lines, backflow preventers, cable boxes or similar structures within public view shall be screened to the satisfaction of the Director of Planning & Building Services. P9. At least 3 delivery vans spaces and 1 semi -truck space should be provided. P10. A transportation Demand management program should be provided. P11. Provide bicycle -parking facilities throughout the site where appropriate. P 12. Outdoor dining areas are encouraged for restaurants, coffee shops, delicatessens, snack bars, and other eating establishments. P13. Trash enclosures shall be provided and constructed of a material compatible with the color, material and design of the buildings on-site. P14. Any equipment, whether on the roof, side of structure, or ground, must be screened. The method of screening must be architecturally compatible in terms of materials, color, shape, and size. The screening design should blend with the building design, which may include a continuous screen. P15. No signage is approved at this time. The applicant shall obtain Planning Division approval for any signage proposed for the project prior to installation. P16. The applicant shall provide for cart/flatbed retrieval at various parking lot locations. Prior to occupancy, the applicant shall design these areas to the satisfaction of the Director of Planning and Building Services. The design shall include landscaping as to screen carts from the street. PIT In addition, the applicant must comply with the following: a. North Valencia 2 - Conditions of Approval b. North Valencia 2 - Specific Plan c. North Valencia 2 - Development Agreement P18. The applicant shall increase the building articulation and landscaping on the perimeter of the project along Newhall Ranch Road and Rye Canyon Road with particular attention to north Conditions P03-35, Exhibit A Master Case 03-140 Page 16 of 17 and east elevations of Building One and the north and west elevations of Building Three. P19. Prior to the issuance of the building permit, the applicant is to provide final landscape and irrigation plans for review and approval of the Director of Planning and Building Services Department. All parking spaces are required to have 1-24" box tree per 4 stalls, with 36" box trees required in planters at the end of parking isles. Tree spacing and species used within parking lot areas need to provide 50% canopy coverage within 5 years of planting. Screen trash enclosures, buildings, all mechanical devices and vault boxes with mature landscape including 15 -gallon shrubs, vines, etc. All frontage landscapes are to be planted with a mixture of 24", 36", 48" and 60" box trees. Headlight hedges maybe required at some locations. All headlight hedges are to be a full 36" tall at time of final inspection. Landscaped parking fingers shall be provided throughout the site including one 15 -gallon tree for every four (4) spaces. P20. The applicant shall remove nine parking spaces on the southwest area of the project site adjacent to oak tree #3 relocation area and replace them with a water feature and oak tree habitat area with pavers and sitting and eating areas. This area shall be maintained in a park like setting with the use of pavers where applicable in landscape areas. P21. In addition to the oak tree mitigation measures, a minimum of 20 native oaks ranging in size from 24" box to 60" box shall be incorporated into the landscape plan design on site. Environmental Services STORMWATER: Design Project: ES 1. This project is a development planning priority project under the City's NPDES Municipal Stormwater Permit as a parking lot with 5,000 square feet or more or with 25 or more parking spaces potentially exposed to Stormwater runoff. An Urban Stormwater Mitigation Plan (USMP) that incorporates appropriate post construction best management practices (BMPs) into the design of the project, must be prepared and approved prior to issuance of any grading or building permits. Please refer to the Standard Urban Stormwater Mitigation Plan (SUSMP) attached. Contact the Environmental Services Division at (661) 284-1422 with any questions. General Construction Permit: ES2. This project is subject to a General Construction Permit under the City's Municipal Stormwater Permit. The applicant should send an NOI to the City showing the permit application has been filed and a State SWPPP prepared. The Notice of Intent must be received by the City prior to issuance of building and grading permits. The S WPPP shall be kept on the construction site at all times. Conditions P03-35, Exhibit A Master Case 03.140 Page 17 of 17 Solid Waste: ES3. The following solid waste comments are based on the tentative building specifications presented on the submitted plan. These comments represent the recommended minimum amount of trash enclosures and bins. It is the property owner's responsibility to ensure adequate trash collection. It is therefore the property owner's responsibility to ensure space is allocated for the placement of an adequate amount of trash and recycling bins. Half of the bins provided must be reserved for recyclable materials only. ES4. Provide sufficient trash enclosures to house 16 -three yard bins. Half of the bins should be reserved for recyclable materials only. For all buildings: ES5. All trash enclosures should be shown on the site plan. ES6. All trash enclosures should be consistent with the surrounding architecture and be located to provide convenient pedestrian and collection vehicle access. EST All trash enclosures should be consistent with current City specifications and have a solid roof. ES8. The project proponent is encouraged to recycle construction and demolition debris. Contact the Environmental Services Division for debris recycling information. s/pbs/cument11003103-140103-140 conditions.doc